Excerpt: ...he defect in notice, thereby waiving the defect.  SUSTAIN demurrer to the entire Complaint with 120 days leave to amend.  DENY request for CCP § 128.5(a) sanctions. ANALYSIS Demurrer Requests for Judicial Notice Defendant requests that the Court take judicial notice of the California Secretary of State Certificate of Status as to Longevity Time Management, Inc. dated November 14, 2019. The request is GRANTED. The Court may take judicial no...

Excerpt: ...amend as to the third cause of action;  OVERRULE demurrer as to the fifth cause of action;  Motion to strike is MOOT as to Page 9, ¶¶ 53, 54 and 55.  GRANT motion to strike with leave to amend as to Page 1, lines 26 – 27; Page 2, lines 1‐2; Page 3, ¶ 9, lines 16‐17; Page 3, line 24; Pages 3‐7, ¶¶ 10 – 33 in their entirety; Page 6, line 7; Page 7, ¶ 34, lines 9‐10; Page 7, ¶ 35 in its entirety: Page 7, ¶ 36, line 17 (f...

Excerpt: ...36 Cal.App.5th 127, the court warned that a plaintiff's counsel must give the opposing counsel notice of the intent to seek entry of default, and failure to do so is grounds to set aside entry of default. (Id. at pp. 135-136.) Here, there was no opposing counsel at the time of the default, but Defendant is a company with personnel who had been in touch with Plaintiff's counsel. Hence, the rationale of Lasalle applies – that “all parties” ar...

Excerpt: ...disputed Material Fact (“UMF”) Nos. 1-2.) Defendant claims to be in the business of short-term vehicle renting and owned the vehicle involved in the accident. (UMF Nos. 5-6.) Defendant rented the car to Amouchal on November 17, 2015 after he presented a valid California driver's license. (UMF Nos. 6- 7.) Amouchal was not an employee of Defendant. (UMF No. 8.) On October 20, 2017, Plaintiff filed this action against Defendants and Amouchal for...

Excerpt: ...our before to one hour after the accident. Plaintiff objected on grounds of lack of relevance and privacy. Defendants argue that if Plaintiff was on his phone or texting during or immediately after the accident, the records may reveal potential witnesses or admissions, such as a text from Plaintiff that he had just been in an accident but was not hurt. Plaintiff contends the parties do not know when the accident occurred and therefore “it would...

Excerpt: ...ainants/Cross-Defendants Berendos, L.P., and Defendants/Cross-Complainants 235 Berendo, L.P., A Community of Friends RESPONDING PARTY(S): (1) Defendant/Cross-Complainant/Cross-Defendant Ltd Construction Services, GP d/b/a Walton Construction Services; Plaintiff/Cross-Defendant Liberty Surplus Insurance Corporation; (2) Defendant/Cross-Complainant/Cross-Defendant Ltd Construction Services, GP d/b/a Walton Construction Services; Plaintiff/Cross-Def...

Excerpt: ...udgment Plaintiff Consumer Advocacy Group, Inc. moves to approve and enter consent judgment between Plaintiff and Defendants Royal Deluxe Accessories, LLC, Royal Items, Inc., Five Below, Inc. and 1616 Holdings, Inc. Discussion 1. Re: Any warning that is required by the settlement complies with this chapter. A copy of the Consent Judgment was presented to the Court. Pursuant to the Consent Judgment, after the Effective Date, Defendants RDA and RI ...

Excerpt: ...motion for sanctions pursuant to CCP § 128.5;  DENY counter‐request for sanctions. ANALYSIS Motion for Sanctions (CCP § 128.5) On December 2, 2019, judgment was entered in favor of Defendant Smart & Final Stores, LLC and against Plaintiff. Defendant Smart & Final Stores, LLC moves for sanctions pursuant to CCP § 128.5. As an initial matter, the Court will not consider Plaintiff's litigation activities against other Defendants, not the mov...

Excerpt: ...o enforce the settlement between the parties, such that Defendant need only provide Plaintiff with a fan, not the entire Top Mount Electronics Kit. Pursuant to CCP § 664.6, the Court may receive evidence to determine whether the parties agreed to certain terms, but may not create material terms of the settlement. City of Gardena v. Rikuo Corp. (2011) 192 Cal.App.4th 595, 605-607; In re The Clergy Cases I (2010) 188 Cal.App.4th 1224, 1236-1237 (b...

Excerpt: .../21 (CCP § 1005(b)): (1) OK. Served by mail on October 31, 2019; advanced to this date per ?; (2) OK. Served by mail on November 1, 2019; advanced to this date per ?  GRANT motion to compel further responses to special interrogatories Nos. 1 – 15, 17; GRANT request for sanctions in the amount of $3,761.65;  GRANT motion to compel further responses to requests for admission Nos. 1 – 3; GRANT request for sanctions in the amount of $1,200...

Excerpt: ...r 1, 2019 and December 5, 2019. All advanced to this date per November 8, 2019 minute order.  DENY motions to quash/motion for protective order as to PMK deposition subpoenas issued to Putnam Investments, Inc., Yusen Logistics (Americas), Inc.; and NFP Corp. ANALYSIS Motion To Quash Deposition Subpoena—Putnam Investments, Inc., Yusen Logistics (Americas), Inc. and NFP Corp. Plaintiff Acrisure of California, LLC and Cross-Complainant MB Holdi...

Excerpt: ...mons Evidentiary Objections Defendant's evidentiary objections to Plaintiff's Exhibits A through C are SUSTAINED. Lack of foundation/authentication. Analysis Specially appearing Defendant Biotics Research Corporation moves to quash service of summons for lack of personal jurisdiction. On a motion to quash for lack of personal jurisdiction, the plaintiff has the initial burden of proof. Elkman v. National States Ins. Co. (2009) 173 Cal.App.4th 130...

Excerpt: ...omplaint within 10 days. ANALYSIS Demurrer Defendant's counsel did not submit a meet and confer requirement as required by CCP § 430.41. The Court continued the hearing on the demurrer for submission of a meet and confer declaration, which was filed on November 20, 2019. 1. First Cause of Action (Declaratory Relief). The Second District has held that an attorney must first obtain a judicial determination of the amount and enforceability of an at...

Excerpt: ...ction. ANALYSIS Plaintiff's Request for Judicial Notice Defendants' request that the Court take judicial notice of the court documents pertaining to the probate matter is GRANTED per Evid. Code § 452(d)(court records). Defendant's request that the Court take judicial notice of the Zillow listing for Mascarino's property is DENIED. This is not a matter of which the Court may take judicial notice pursuant to Evid. Code § 451 or 452. Demurrer 1. F...

Excerpt: ...rrect Address: (1) Yes; (2) Yes; (3) Yes; (4) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by mail on October 29, 2019; (2) OK. Served by mail on October 29, 2019; (3) OK. Served by mail on August 30, 2019; (4) OK. Served by mail on August 30, 2019.  GRANT both motions to be relieved as counsel;  SUSTAIN demurrer to first through fifth causes of action with leave to amend;  Motion to strike is MOOT. ANALYSIS Motions to Be Relieved as ...

Excerpt: ... 82;  DENY motion to compel production of documents as to requests Nos. 66 – 68;  GRANT request for sanctions in the amount of $1,660. ANALYSIS Motion to Compel Deposition ¿ Deposition Categories: GRANT as to Categories Nos. 1 – 39. Plaintiff is entitled to depose Defendant's PMK on these categories. Defendant may object at the deposition on the ground that certain information sought within the category is privileged, where applicable[...

Excerpt: ...the third cause of action with leave to amend. ANALYSIS Demurrer 1. Entire Complaint. Defendants have failed to present any argument as to why the entire 2AC fails wholesale as against both demurring Defendants. The demurrer to the entire 2AC is OVERRULED. 2. Second Cause of Action (Intentional Misrepresentation); Fourth Cause of Action (False Promise). The 2AC alleges that as an inducement to sign an addendum to the existing Agreement, on Februa...

Excerpt: ...position filed. (4) Defendants Mark Friedman, David Friedman, Werner Clark and Trident Group, Inc. PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes; (4) Yes.  16/21 (CCP § 1005(b)): (1) Served by electronic service on June 25, 2019; no agreement to accept electronic service is on file; continued to this date per August 21, 2019 minute order and September 26, 2019 minute order; (2) Served by electronic service on June 25, 2019;...

Excerpt: ...ns. ANALYSIS Motion to Set Aside Judgment Request for Judicial Notice Defendant's request that the Court take judicial notice of various court records filed in the bankruptcy case, In re David Harkham and Isarela Harkham, Case NO. SV05-30098-AA, Adv. No. AD05-02555-AA and in this action is GRANTED per Evid Code § 452(d)(court records). Discussion Judgment debtor David Harkham moves pursuant to CCP § 473(d) to set aside the judgment in this acti...

Excerpt: ...tice of court documents pertaining to a different case, Guerrero v. L.A. Specialty Produce Co., 19STCV2461 is DENIED. These documents are irrelevant to the Court's determination of this motion. The Court need only take judicial notice of relevant materials. Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063. The Court may deny a request for judicial notice of material unnecessary to its decision. Rivera v. First DataBank, Inc. (2010...

Excerpt: ...ns of Allen L. Thomas, Esq. and Sivi G. Pederson, Esq. attached to the Reply are SUSTAINED. The Court declines to consider the new evidence submitted for the first time with the reply. Alliant Ins. Services, Inc. v. Gaddy (2008) 159 Cal.App.4th 1292, 1308; Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8. Discussion Defendant Los Angeles County Metropolitan Transportation Authority moves for a continuance of the trial date to December ...

Excerpt: ...to Issues Nos. 2 and 3 re: the fifth and sixth causes of action;  GRANT motion for summary adjudication as to Issue No. 4 re: the second cause of action and Issue No. 5 re: the fourth cause of action;  Issue No. 6 is MOOT;  The third, fifth and sixth causes of action remain viable. ANALYSIS Request for Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Charter of the <0013000f00030014001300 00130...

Excerpt: ...nd Gaby Clement; (2) Plaintiffs Corrine Kin and Aaron Kin PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by overnight delivery on April 8, 2019; (2) OK. Served by mail on April 3, 2019.  GRANT petition to vacate arbitration award;  DENY petition to confirm arbitration award.  SET matter for arbitration status conference. Petition to Vacate Arbitration Award Request for Judicial Notice ...

Excerpt: ...lude Plaintiff Peter Avetisyan or Plaintiff Avpet Corp. as parties to the agreement. Exh. 1 to the Adler Agreement is a Client Engagement Agreement, containing an arbitration agreement, between Defendants and PRN Ambulance only. Exhibit 2 is a letter dated November 13, 2014 seeking a conflict of interest waiver, and is signed by Plaintiff Avetis Avetisyan and PRN Ambulance, Inc. by Peter Avetisyan (although not in his individual capacity)—indee...

Excerpt: ... of the Los Angeles County Civil Service Commission Rules is GRANTED. The Court may take judicial notice of the records of a civil service commission. Social Services <001b000f00030049005100 110003001600110003[ Defendant's Evidentiary Objections <0058005500570003005200 00560003005800530052[n objections to evidence which the Court deems to be material to the disposition of this matter. Declaration of Marvin McWhorter Nos. 1, 2: SUSTAINED. Legal co...

Excerpt: ... Reply Declaration of Alex Rodriquez No. 1: SUSTAINED. Lack of foundation. No. 2: SUSTAINED. Lack of foundation. No. 3: SUSTAINED. Lack of foundation. No. 4: OVERRULED. Goes to weight. No. 5: OVERRULED. Goes to weight. No. 6: OVERRULED. Goes to weight. No. 7: OVERRULED. Goes to weight. No. 8: OVERRULED. Goes to weight. Motion for a Protective Order to Limit the Scope and Seal Discovery Plaintiff seeks a protective order to limit the scope of disc...

Excerpt: ...to any defect in notice, thereby waiving any such defect.  SUSTAIN demurrer to second and third cause of action with leave to amend;  GRANT motion to strike the punitive damage allegations at Page 5:17-18 and Page 6:19-22 is without leave to amend unless Plaintiff first complies with CCP § 425.13. ANALYSIS Request for Judicial Notice Defendant's request that the Court take judicial notice of the 1AC and April 10, 2019 order in this case is...

Excerpt: ...n The Pleadings 1. First Cause of Action (Violation of FEHA). The first cause of action improperly combines multiple theories of FEHA into one which includes harassment on the basis of religion and sex. Although the Legislature enacted the important new section Gov. Code § 12923, which provides guidance as to FEHA harassment claims, that section did not become effective until January 1, 2019, with no indication that it is to be applied retroacti...

Excerpt: ...300360052005100 4a00030044005100470003> Defendant Mi R. Song PROOF OF SERVICE:  Correct Address: (1) & (2) Yes; (3) & (4) Yes.  16/21 (CCP § 1005(b)): (1) & (2) OK Served by mail on April 29, 2019; set per May 1, 2019 minute order; (3) & (4) Served by email on April 10, 2019—no agreement to accept service by email as required by CCP § 1010(a)(2)(A)(ii)(Note: The act of electronic filing shall not be construed as express consent.); howev...

Excerpt: ... of $60.00;  GRANT motion to tax Item No. 4 in the total amount of $5,000.00;  GRANT motion to tax Item No. 5 in the total amount of $238.00.  DENY motion to tax Item No. 12;  GRANT motion to tax Item No. 13 in the total amount of $23,939.40;  GRANT motion to tax Item No. 16 in the total amount of $76,424.13. ANALYSIS Motion to Tax Costs As the prevailing party in this litigation [CCP § 1032(a)(4)—defendant as against whom plain...

Excerpt: ... accept electronic service on file, but an opposition was filed on the merits without objecting to method of service.  DENY motion to quash in its entirety. ANALYSIS Motion to Quash Business Records Subpoena Discussion Defendants Thomas E. Morgan, III, Covina Hills MHC, LLC, Covina Hills GP, LLC, Juanita Springs Associates, LP and Covina Hills MHC, LLC move to quash the deposition subpoena for production of business records served on PNC Bank ...

Excerpt: ...seventh causes of action;  DENY motion to strike as to ¶ 141, Page 47; ¶ 174, Page 54 (Defendant's pattern and practice re: unlawful employment practices) and Prayer for Relief, Item 6, page 62 and Prayer for Relief, Item 7, Page 62 (injunctive relief);  Motion to strike is MOOT as to ¶ 151, 156, 160, 204. ANALYSIS Demurrer Request for Judicial Notice Defendants request that the Court take judicial notice of the following: (1) Small Clai...

Excerpt: ...an opposition was filed on the merits without objecting to any defect in service, thereby waiving any such defect.  GRANT motion to quash IN PART as to attorney‐client privileged and attorney work product privileged documents only; otherwise DENY. ANALYSIS Motion to Quash Business Records Subpoena Defendants Thomas E. Morgan, III, Covina Hills MHC, LLC, Covina Hills GP, LLC, Juanita Springs Associates, LP and Covina Hills MHC, LLC move to qu...

Excerpt: ...st evidence which the Court deems to be material to the disposition of this matter, as follows: Declaration of Maxine Bahns No. 1: OVERRULED. Best Evidence Rule was repealed in 1998. Objection goes to weight. No. 2: OVERRULED. Sufficient foundation as to the emails forwarded to Bahns. No. 3: OVERRULED. The lack of authentication may be remedied before trial. Sweetwater Union High School Dist. v. Gilbane Building Co. (2019) 6 Cal.5th 931, 947-49. ...

Excerpt: ...mander Kevin McCarthy and Captain Charles Hearn. Plaintiff seeks discovery of the following records: 1. Any and all writings relating to any and all Los Angeles Police Department ("LAPD") investigation(s) into any and/or all of the allegations of the instant lawsuit. Such writings may include, but are not limited to: any and all materials used and/or considered during the investigation, including but not limited to, addenda items, recorde...

Excerpt: ...): (1) OK. Served by email on March 7, 2019; (2) OK. Served by mail on January 28, 2019; (3) OK. Served by mail on January 28, 2019.  GRANT motion to quash IN PART as to attorney‐client privileged and attorney work product privileged documents only as to Requests For Production Nos. 1 – 8;  OVERRULE demurrer to the second, fifth, eighth and eleventh causes of action;  SUSTAIN demurrer with 20 days leave to amend as to the third and s...

Excerpt: ...ng; and Donald Stratton, Individually and as Trustee for the Stratton Family Revocable Trust. PROOF OF SERVICE:  Correct Address: Yes.  16/21 (CCP § 1005(b)): OK. Served by mail and email on May 9, 2019; advanced to this date per May 14, 2019 ex parte order.  GRANT motion to compel arbitration and to stay litigation. ANALYSIS Motion to Compel Arbitration and Stay Litigation Pursuant to agreement of the parties, the pending arbitration i...

Excerpt: ...otion to quash IN PART as to attorney‐client privileged and attorney work product privileged documents only; otherwise DENY;  DENY request for sanctions. ANALYSIS Motion to Quash Business Records Subpoena and Deposition for Personal Appearance Discussion Defendants Thomas E. Morgan, III, Covina Hills MHC, LLC, Covina Hills GP, LLC, Juanita Springs Associates, LP and Covina Hills MHC, LLC move to quash the deposition subpoena for production o...

Excerpt: ...ICE:  Correct Address: (1) Yes; (2) – (8) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by mail on December 12, 2018; continued to this date per March 28, 2019 stip. & order; (2) – (8) OK. Served by mail on February 4, 2019; continued to this date per March 28, 2019 stip. & order.  DENY motion to set aside default.  CONTINUE hearing on motions for protective order/motions to quash for meet and confer efforts. ANALYSIS Motion to Set...

Excerpt: ...Y motion to strike the punitive damage at ¶¶ 4, page 2:25‐28, ¶ 29(d), Page 6:26; ¶ 34, Page 7:16‐18; ¶ 35, Page 7:19, ¶ 40, Page 8:13‐17; ¶ 45, Page 9:4‐5 (and civil penalties); ¶ 47, Page 9:10‐13; ¶ 42, Page 10:5‐8; ¶ 57, Page 4:11 (and request for injunctive relief); and Prayer for Relief, ¶ 1, Page 12:5. ANALYSIS Demurrer 1. First Cause of Action (Violation of Civil Code § 1950.5—Bad Faith Retention of Security Depos...

Excerpt: ...e Exhibits 2 and 3, punitive damages allegations at ¶¶ 58, 86 , 95 and prayer as to second, and fourth causes of action;  Motion to strike punitive damage allegations at ¶ 71 and prayer for third cause of action is MOOT. ANALYSIS Demurrer Request for Judicial Notice Plaintiff requests that the Court take judicial notice of the following: (1) Howard Misle's deposition testimony on April 24, 2019; (2) Press release by Ownzones Media Network; ...

Excerpt: ...lo Nos. 1-6: OVERRULED. Business records exception to hearsay rule; sufficient foundation. No. 7: SUSTAINED. Irrelevant. Nos. 8 - 18: OVERRULED. Business records exception to hearsay rule; sufficient foundation; personal knowledge. No. 19: SUSTAINED. Lack of foundation. Nos. 20 – 23: OVERRULED. Business records exception to hearsay rule; sufficient foundation; personal knowledge. Declaration of Derek R. Havel No. 24: SUSTAINED. Lack of personal...

Excerpt: ...mail on March 20, 2019.  CONTINUE hearing on Defendants Royal Deluxe Accessories, LLC and Defendant Royal Items, Inc.'s motion to quash service of summons to permit Plaintiff to conduct jurisdictional discovery. ANALYSIS Defendant Royal Deluxe Accessories, LLC's Motion to Quash Service of Summons Request for Judicial Notice Defendant's request that the Court take judicial notice of the Declaration of Paul Vazin in Support of Valu Mart Company,...

Excerpt: ...o strike the first and second causes of action is MOOT;  DENY motion to strike the prayer for punitive damages;  Defendant to answer the 1AC within 10 days. ANALYSIS Demurrer 1. First Cause of Action (Common Law Battery); Second Cause of Action (Assault). Defendant demurs on the ground that this cause of action is barred by the two year statue of limitations for assault and battery set forth in CCP § 335.1, which provides: “Within two ye...

Excerpt: ..., LLP; (2) Defendant/Cross-Complainant Kevin Moda; (3) Plaintiff/Cross-Defendant Mahvash Mazgani PROOF OF SERVICE:  Correct Address: (1) No proof of service. However, an opposition was filed on the merits without objecting to any defect in notice, thereby waiving any such defect; (2) Set per May 8, 2019 minute order; (3) Yes.  16/21 (CCP § 1005(b)): (1) No proof of service. However, an opposition was filed on the merits without objecting t...

Excerpt: ...�� DENY motion to strike as to ¶ 6 in its entirety, ¶ 13, Page 5:1‐2 and 6‐10 and ¶ 14, Page 5:18‐20;  Motion to strike is MOOT as to the entire second cause of action at ¶¶ 16 ‐21, the entire third cause of action ¶¶ 22‐26, the entire sixth cause of action at ¶¶ 43‐49, the entire ninth cause of action at ¶¶ 63‐69, and the entire tenth cause of action at ¶¶ 70‐ 74. ANALYSIS Demurrer 1. First Cause of Action (Breach...

Excerpt: ... quash the deposition notice and/or for a protective order;  DENY Plaintiffs' request for sanctions. ANALYSIS Defendants' Evidentiary Objections Plaintiff's Compendium of Evidence Exhs. 2 and 3: OVERRULED. Sufficient foundation. Declaration of Jeffrey Lipow ¶¶ 9, 12, 13, 14, 15, 16, 17, 18: OVERRULED. Sufficient foundation. ¶ 19: OVERRULED. Sufficient foundation; permissible legal argument by counsel. ¶¶ 20 – 33, 35, 37, 38, 39, 40: OVE...

Excerpt: ...� 16/21 (CCP § 1005(b)): (1) OK. Served by e-service on February 15, 2019; continued to this date per April 2, 2019 minute order; (2) OK. Served by electronic service on April 22, 2019; set for hearing per stip. & order.  DENY Plaintiff/Cross‐Defendant Jensen's motion to compel production of documents for in camera inspection without prejudice; (Kerr's request for sanctions was previously denied);  GRANT Defendant/Cross‐Complainant Ker...

Excerpt: ...endant requests that the Court take judicial notice of the following: (1) Grant Deed recorded July 12, 2013; (2) First Deed of Trust recorded July 12, 103; (3) Second Deed of Trust recorded July 1, 2013; (4) Subordination agreement recorded July 1, 2013; (5) First Deed of Trust recorded March 5, 2004; (6) Notice of Default recorded September 19, 2013; (7) Second Deed of Trust recorded December 7, 2012; (8) Notice of Default recorded November 5, 2...

Excerpt: ...o as to prejudice Plaintiffs. The Court finds that Defendants did not waive the right to compel arbitration. However, the Court agrees with Plaintiffs that the arbitration agreement relied upon by Defendants is unenforceable. (a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy: (1) His rights or remedies under Section 19...

Excerpt: ... on April 29, 2019—only 9 court days prior to the hearing date; 16 court days plus 2 calendar days for service by overnight (CCP § 1005(b). Plaintiff objected in opposition.  GRANT motion for attorney's fees in the reduced amount of $50,000;  DENY motion to tax Items Nos. 2 and 4; GRANT motion to tax Item No. 8 in the amount of $3,500, Item No. 12 in the amount of $2,051.00, and Item No. 13 in the amount of $261.54. ANALYSIS Motion for A...

Excerpt: ...both parties' request for sanctions. ANALYSIS Motion to Quash Business Records Subpoena Request for Judicial Notice Plaintiff's request that the Court take judicial notice of the 2AC filed in this action is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendants/Cross-Complainants Ownzones Media Network, Inc. and Dan Goman move to quash Plaintiff's deposition subpoena for production of business records directed to JP Morgan Chase B...

Excerpt: ... fourth cause of action;  DENY motion to strike in its entirety;  Defendant to answer 2AC. 1. Third Cause of Action (Violation of Civil Code § 1793.2(a)(3). Civil Code § 1793.2(a)(3) provides: (a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . . (3) Make available to authorized service and repair facilities sufficient service literature and replacement parts t...

Excerpt: ...he merits without objecting to any defect in service, thereby waiving any such defect; (2) Yes.  16/21 (CCP § 1005(b)): (1) No proof of service; however, an opposition was filed on the merits without objecting to any defect in service, thereby waiving any such defect; advanced to this date per April 17, 2019 minute order; (2) OK. Served by mail on March 17, 2019; continued to this date per April 10, 2019 minute order. Moda's Motion to Compel ...

Excerpt: ... 1005(b): (1) – (3) OK. Served by mail on March 4, 2019.  DENY motion to dismiss;  OVERRULE demurrer to third through seventh causes of action as to Defendant David Carry D.C. and SUSTAIN with leave to amend as to Defendants Dave Carry Chiropractic Inc., and Goodlife Management Services LLC.  SUSTAIN demurrer to tenth cause of action with leave to amend;  SUSTAIN demurrer to twenty‐first cause of action with leave to amend;  DE...

Excerpt: ... and Monetary Sanctions Plaintiff moves for terminating, issue, evidentiary and monetary sanctions or, in the alternative, an order compelling compliance with the Court's discovery order, continuing trial and ordering prospective sanctions of $500 per day for each day following 5 calendar days that Defendant does not fully comply with the order. The motion is DENIED as MOOT. In the opposition, Defendant's counsel indicates that supplemental respo...

Excerpt: ...s that in February 2017, Defendant Pukini, individually and on behalf of CALPAC, made material misrepresentations as follows: (1) That Rose/871 LLC would not have to make any payments on the loans; (2) that CALPAC would provide a loan to 871 LLC that would pay off all acquisition loans and would fully fund construction. Plaintiff alleges he gave $520,000 before the close of escrow (2AC, ¶40), but he alleges that the Articles of Organization and ...

Excerpt: ...However, an opposition was filed on the merits without objecting to any defect in notice, thereby waiving any such defect.  GRANT motion to compel deposition of non‐party witness Steven Mir Sepassi and production of documents;  GRANT request for sanctions in the amount of $2,000 against Steven Mir Sepassi. ANALYSIS Motion to Compel Depositions Defendant/Cross-Complainant Kevin Moda moves to compel the deposition of non-party witness Steve...

Excerpt: ...s/Cross-Complainants Deuk Lee and Hite USA, Inc.; PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b): OK. Served by mail on April 12, 2019; (2) OK. Served by email on April 4, 2019; (3) OK. Served by email on March 8, 2019; advanced to this date per April 3, 2019 minute order.  GRANT motion to seal;  DENY motion to compel deposition of nonparty Hea Kyung Yoon without prejudice to a renewed motion; �...

Excerpt: ... Pharma Holdings US of TN; Pharma Holdings US of FL, LLC; Pharma Holdings US of Puerto Rico, LLC and Pharma Holdings US of California, LLC (untimely notice of joinder) PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by electronic filing service on March 12, 2019; continued to this date per April 5, 2019 minute order; (2) OK. Served by electronic filing service on March 12, 2019; continued to thi...

Excerpt: ...tratton, Individually and as Trustee for the Stratton Family Revocable Trust. PROOF OF SERVICE:  Correct Address: Yes.  75/80 (CCP § 437c(a): OK. Served by overnight mail and email on February 13, 2019 (75 days).  GRANT motion for summary adjudication as to Issue No. 1 re: the first cause of action;  DENY motion for summary adjudication as to Issue No. 2 re: the third cause of action, Issue No. 3 re: the fourth cause of action, and I...

Excerpt: ...Community of Friends, and 235 Berendo, L.P.; (4) Plaintiff/Cross-Defendant Liberty Surplus Insurance Corporation RESPONDING PARTY(S): (1) Defendant/Cross-Defendant Philadelphia Indemnity Insurance Company and Cross/Defendant Tokio Marine Specialty Insurance Company; (2) Defendant/Cross-Complainant/Cross-Defendant LTD Construction Services, GP dba Walton Construction Services; (3) No opposition filed; (4) Cross-Defendant Tokio Marine Specialty Ins...

Excerpt: ...t;  DENY motion for a new trial. ANALYSIS Motion for Judgment Notwithstanding the Verdict The trial court's power to grant a motion for judgment notwithstanding the verdict is the same as its power to grant a directed verdict. (Code Civ. Proc., § 629.) “A motion for judgment notwithstanding the verdict may be granted only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is...

Excerpt: ...ctions to the Declarations of Michael J. Dailey and Blake L. Osborn are OVERRULED. Motion for New Trial As an initial matter, Plaintiffs' 18-page memorandum of points and authorities exceeds the 15- page limit set forth in CRC Rule 3.1113, without the Court's permission. For motions that are not for summary judgment or summary adjudication, CRC Rule 3.1113 sets forth a 15-page limit on points and authorities in support motions, unless the party a...

Excerpt: ...pac Trading Co., Inc. as embodied in the Proposed Consent Judgment. A copy of the Consent Judgment was presented to the Court. Pursuant to the Consent Judgment, after the Effective Date, Defendant shall not sell in California any Covered Product unless they bear a clear and reasonable warning, or are reformulated so as not to exceed the following standards: Lead level in 40 parts per billion or Cadmium Level in 326 parts per billion. Consent Judg...

Excerpt: .... Lin”). The operative First Amended Complaint (“FAC”), filed July 13, 2018, asserts causes of action for commercial appropriation of likeness under Civil Code section 3344, common law misappropriation of likeness, false light, public disclosure of private facts, negligence, and violation of the California Confidentiality of Medical Information Act against Dr. Lin and also Vision Institute of Southern California dba IQ Laser Vision (“IQ L...

Excerpt: .... Lin”). The operative First Amended Complaint (“FAC”), filed July 13, 2018, asserts causes of action for commercial appropriation of likeness under Civil Code section 3344, common law misappropriation of likeness, false light, public disclosure of private facts, negligence, and violation of the California Confidentiality of Medical Information Act against Dr. Lin and also Vision Institute of Southern California dba IQ Laser Vision (“IQ L...

Excerpt: ...h causes of action;  SUSTAIN demurrer with leave to amend as to the seventh cause of action. ANALYSIS Demurrer 1. First Cause of Action (Conversion). ¶ 32 of the 1AXC alleges that Cross-Defendants Maddock, Moore and Hicks entered into a conspiracy to compete with Emptech. Pursuant to conspiracy liability, all Cross-Defendants would be jointly and severally liable for the tort committed by one of them in furtherance of the conspiracy. The cons...

Excerpt: ...Mazgani and Neyaz Mazgani; (2) Defendant Kevin Moda; (3) Bank of America, N.A.; U.S. Bank National Association PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Unknown.  16/21 (CCP § 1005(b)): (1) OK. Served by mail on March 17, 2019; advanced to this date per March 20, 2019 order; (2) OK. Served by personal service on March 12, 2019; advanced to this date per March 20, 2019 order; (3) OK. Served by personal service on March 15, 2...

Excerpt: ...Rx of FL, LLC, New Home Pharmacy, Inc., Good Shepherd Pharmacy, Inc.; Defendant McGuire Woods; Plaintiffs Pharma Holdings US, LTD; Pharma Holdings US of NY, LLC; Pharma Holdings US of TN; Pharma Holdings US of FL, LLC; Pharma Holdings US of Puerto Rico, LLC and Pharma Holdings US of California, LLC (untimely notice of joinder) PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by electronic filing ...

Excerpt: ...)): OK. Served by email on February 28, 2019; notice of continuance to this date served by mail on March 4, 2019.  OVERRULE demurrer as to first cause of action;  Cross‐Defendant to answer the 1AXC within 10 days. ANALYSIS Demurrer 1. First Cause of Action (Breach of Contract). Cross-Defendant argues that the breach of contract cause of action is based upon a contractual provision that violates Labor Code § 221, which provides: “It sha...

Excerpt: ...tion; (3) Defendant Centrome, Inc. d/b/a Advanced Biotech; (4) Defendant Centrome, Inc. d/b/a Advanced Biotech RESPONDING PARTY(S): (1) Plaintiff Phillip Luna; (2) Plaintiff Phillip Luna; (3) Plaintiff Phillip Luna; (4) Plaintiff Phillip Luna PROOF OF SERVICE:  Correct Address: (1) Addresses not listed on proof of service, but opposition was filed on the merits without objecting to any defect in service; (2) Addresses not listed on proof of se...

Excerpt: ..., 69. ANALYSIS Motion to Compel Further Responses to Requests for Production of Documents, Set One  Request No. 7: GRANTED in part, limited to responsive documents which would apply to the particular model of Plaintiff's vehicle model. Plaintiff has demonstrated good cause in the separate statement, but only as to polices and procedure manuals which would apply to the particular model of Plaintiff's vehicle. Defendant's objection on the ground...

Excerpt: ...privilege log and production;  DENY Kerr's request for sanctions. ANALYSIS Motion To Compel Documents For In Camera Inspection The parties are ordered to meet and confer regarding the supplemental privilege log and documents produced by Kerr on February 15, 2019. The hearing is CONTINUED to May 2, 2019. The parties are to file a joint supplemental separate statement regarding any outstanding issues by April 25, 2019. Kerr's request for sanctio...

Excerpt: ...motion to compel deposition IN PARTY AND DENY IN PART, as set forth below, as to questions regarding facts giving rise to the lawsuit;  DENY both parties' request for sanctions. ANALYSIS Motion to Compel Deposition Defendant Smart & Final Stores LLC moves to compel Plaintiff's deposition testimony, and requests sanctions. Plaintiff terminated the February 1, 2019 deposition of its corporate designee, Michael Marcus, after two hours of evasive ...

Excerpt: .../Cross-Defendant LTD Construction Services, GP d/b/a Walton Construction Services; (2) Defendant/Cross-Complainant/Cross-Defendant LTD Construction Services, GP d/b/a Walton Construction Services; (3) Defendant/Cross-Complainant/Cross-Defendant LTD Construction Services, GP d/b/a Walton Construction Services PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by email on March 4, 2019; (2) O...

Excerpt: ...bpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing complianc...

Excerpt: ...ety;  DENY to answer 2AC. ANALYSIS Demurrer 1. Second Cause of Action (Declaratory Relief). The Complaint clearly states facts giving rise to an actual controversy regarding the rights and duties with respect to the parties' adjacent property. The cause of action does not need to be based upon a contract. The demurrer to the second cause of action is OVERRULED. 2. Fifth Cause of Action (Intentional Infliction of Emotional Distress). “An esse...

Excerpt: ...al Notice Plaintiff's request that the Court take judicial notice of the following: (1) proof of service on Defendant Speed Plumbing 2000, Inc., filed on July 19, 2018; (2) Speed Plumbing's Articles of Incorporation filed April 22, 2014, Statement of Information filed June 10, 2014 and Statement of Information filed August 15, 2017 with the Secretary of State; (3) Kevin L. Day, Esq.'a bar information accessed from California State Bar website; (4...

Excerpt: ...es in the amount of $32,393.71 incurred upon appeal following the Court of Appeal's order Court of Appeal's order affirming this Court's order granting Defendant's motion for attorney's fees. In affirming this Court's order, the Court of Appeal awarded Defendant its attorney fees on appeal, in an amount to be determined by this Court. Unpublished Court of Appeal opinion, Page 6. CCP § 425.16(c) authorizes an award of attorney's fees incurred on ...

Excerpt: ... (2) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by email on February 20, 2019; continued to this date per February 22, 2019 minute order; (2) OK. Served by email on February 22, 2019.  GRANT motion to strike with leave to amend to specifically identify a circumstance other than confidential mediation‐related communications in which Liberty made “demands: as to the following: Page 11, ¶ 30: “Liberty has demanded that LTD/Walton reimb...

Excerpt: ...ct in notice; (2) Yes.  16/21 (CCP § 1005(b)): (1) No proof of service; however, an opposition on the merits was filed without objecting to any defect in notice; (2) OK. Served by mail on October 9, 2018.  DENY application for writ of possession;  DENY motion to disqualify counsel. ANALYSIS Application for Writ of Possession Plaintiff Genesis Media, LLC brings an application for a writ of possession. The property as to which Plaintiff s...

Excerpt: ...lated to change venue to Los Angeles County. Defendant Michael McCarthy was served by substituted service, effective on October 12, 2018 (10 days after mailing). 10 days elapsed until the parties stipulated to change venue to Los Angeles. A motion to change venue operates as a supersedeas or stay of proceedings. (Pickwick Stages System v. Superior Court(1934) 138 Cal.App. 448, 449 [32 P.2d 433].) Although venue in this case was changed by stipula...

Excerpt: ...ion appears to be related to the appeal from the Court's entry of judgment for attorneys' fees and costs in favor of Defendants Jimenez and the County and against Plaintiff. The Remittitur was filed on August 27, 2018. Defs' Exh. R. In its unpublished opinion, the Court of appeal affirmed this Court's order awarding attorney's fees in the amount of $100,000.00. The Court of Appeal cited with approval this Court's exercise of discretion in con...

Excerpt: ...ALYSIS Motion for Terminating Sanctions The Court finds that Plaintiff's counsel is being dishonest in blaming the client for allowing the vehicle to be repossessed without informing Defendant. Plaintiff failed to appear at a properly-noticed vehicle inspection on February 13, 2019 and failed to advice Defendant that Plaintiff gave up possession of the vehicle nearly a year ago. Had Plaintiff immediately informed Defendant when she gave up posses...

Excerpt: ... service.  GRANT motion to stay proceedings is IN PART as to the first cause of action for dissolution only. The litigation shall proceed as to the remaining causes of action;  Bond is set at $25,000;  Parties to meet and confer regarding selection of three appraisers. ANALYSIS Motion for Stay of Proceedings Request for Judicial Notice Defendants' request that the Court take judicial notice of the Complaint filed in this action is GRANTE...

Excerpt: ... the pleadings as to the first, fourth and seventh causes of action;  GRANT motion for judgment on the pleadings with leave to amend as to the second, third and sixth causes of action. ANALYSIS Motion for Judgment on the Pleadings 1. First Cause of Action (Breach of Contract). Defendant argues that Plaintiff's own allegations in the 1AC admit that Plaintiff failed to perform its own obligations under the Strategic Alliance Agreement (“SAA”...

Excerpt: ...K. Served by electronic service on February 13, 2019; (2) OK. Served by mail on November 21, 2018.  GRANT motion to compel depositions of non‐party witness Steven Mir Sepassi;  GRANT request for sanctions in the amount of $1,360 against Steven Mir Sepassi;  DENY motion to quash deposition subpoena of Steve Haghani and request for sanctions;  DENY Moda's request to set the oral deposition of Steve Haghani. ANALYSIS Motion to Compel D...

Excerpt: ...S Motion to Compel Production of Records Pursuant to Deposition Subpoena Defendant Novastar, LLC moves for an order compelling the production of business records pursuant to deposition subpoena served upon third party Bank of America pertaining to a second bank account held by non-party Rosa Zarate, which was discovered after reviewing bank records produced pursuant to a first subpoena. In the separate statement, Novastar, LLC has demonstrated go...

Excerpt: ... Demurrer 1. First Cause of Action (Professional Negligence); Ninth Cause of Action (Negligence). Defendant IOA Insurance Services is alleged to be an insurance agency and/or brokerage. 1AC, ¶ 4. Defendant Insurance Office of America, Inc. is alleged to be an insurance agency and/or brokerage. ¶ 5. Defendant Robin Gutierrez is alleged to be an insurance agent and/or broker, who was an employee, agent and representative of Defendants IOA Service...

Excerpt: ...tion Defendant's Evidentiary Objections Defendant's evidentiary objections to the Declaration of Maria Talamentez is OVERRULED as to objections Nos. 1 and 2. Waiver The Court will first address Plaintiff's argument that Defendants have waived the right to arbitration. The Complaint was filed on May 4, 2018. Defendants signed notices of acknowledgement dated June 19, 2018. Defendants first asserted the right to compel arbitration as an alternative...

Excerpt: ...that the Court take judicial notice of the following: (1) Declaration of Nicole White In Support of Motion to Compel Arbitration filed in this matter on January 10, 2018; (2) Declaration of Nattawut Kamolrattana In Support of Motion to Compel Arbitration filed in this matter on January 10, 2018. Requests Nos. 1 and 2 are GRANTED per Evid. Code § 452(d)(court records). Plaintiff's request that the Court take judicial notice of the Consent Judgmen...

Excerpt: ... Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by mail on December 7, 2018; continued to this date per February 5, 2019 minute order; (2) OK. Served by mail on December 7, 2018; continued to this date per February 5, 2019 minute order; (3) OK. Served by mail on December 7, 2018.  GRANT motion to compel further responses to Special Interrogatories Nos. 1, 14, 25, 26, 27,31, 34, 35, 36, 40, 41, 43, 45, 46, 51, 56, 57; GRANT r...

Excerpt: ...ved by mail on May 30, 2018; notice of continuance to this date served by mail on August 13, 2018.  GRANT motion to compel further responses to form interrogatories as to Nos. 1.1, 17.1 and 50.1; GRANT request for sanctions in the reduced amount of $1,060;  GRANT motion to compel further responses to requests for admission Nos. 1, 2, 7, 8, 17, 18, 22, 23 and 24; GRANT request for sanctions in the amount of $1,865.00. Motion to Compel Furthe...

Excerpt: ...60. ANALYSIS Motion to Compel Further Responses to Requests for Admission Plaintiff's counsel engaged in sufficient meet and confer efforts. See Declaration of David N. Barry, ¶¶ 6 – 14; Exhs. 4 – 9. The parties agreed in writing that the deadline for Plaintiff to bring this motion to compel was January 2, 2019. Exh. 7. This motion was timely served and filed on December 7, 2018. ¿ RFA No. 2: GRANT. The response is absurd and do not comply...

Excerpt: ...entirety.  DENY Moda's request for sanctions ANALYSIS Motion for Protective Order Moda's Evidentiary Objections Declaration of Peter Weinberger OVERRULED in its entirety. Discussion Third Party Deponent Mordecai Notis moves for a protective order regarding the deposition subpoena for personal appearance and production of documents and things served by Kevin Moda. The grounds for this motion are that neither deponent nor his counsel are availab...

Excerpt: ...dia Lopez; (3) Plaintiff Claudia Lopez RESPONDING PARTY(S): (1) Plaintiff Claudia Lopez; (2) Defendant United Parcel Service, Inc.; (3) Defendant United Parcel Service, Inc. PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by mail on November 19, 2018; set for hearing on this date per December 21, 2018 stip. & order; (2) OK. Served by mail on December 4, 2018; set for hearing on this date...

Excerpt: ...award, which requires Petitioner Rose to pay Respondent $38,508.36. The sole ground specified in the Petition is that the award should be corrected because the arbitrator exceeded his authority. See Petition, ¶ 10.b(1)(b). This is the only ground that the Court will address [1] . Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court determine...

Excerpt: ...ty Media, LLC and Ryan Kavanaugh shall bear the arbitrator's fees and costs of arbitration. ANALYSIS Motion to Compel Arbitration Defendant Adam Fields moves to compel arbitration of the third cause of action for abuse of process. The third cause of action alleges that Defendant Fields' preparation, selection, and attachment of the Arbitration-Related Materials to the Proof of Claim fled in Relativity's Chapter 11 bankruptcy case constituted an a...

Excerpt: ...of $1,960. ANALYSIS Motion to Compel Further Responses to Form Interrogatories  Form Interrogatory No. 1.1: GRANT. The response does not address the information requested. “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030.220(a).  Form Interrogatory No. 12.1: GRANT. The response does not address the information requ...